My husband and I have been putting this off for quite some time and we know it is not good to have no will, but this is something you just don't want to think about. Is this something that a lawyer needs to do or can we do this on our own?
I live in Iowa
Answer by I_Love_McRedneck
You can do it on your own, there are even word templates for wills. It might be best for a lawyer to look over it just to make sure there aren't any loopholes. No need for people to be fighing over your junk when you die, right?
Answer by frawlicious
You can do it on your own.
Answer by ronidl76
You can write your own. It's a holographic will, I believe. Better to have it notarized, too.
Answer by Sir Richard
If you have substantial assets, you should do it with a lawyer just so that all the legal ends are considered. You should also consider setting up trusts. Somewhere in the neighborhood of US$ 2 million, you should get a lawyer to do things.
For do it yourself jobs, you can Google a lot of sites for lawyer-prepared forms for different prices. YOu can write it down yourself as many have done. In both cases, make sure you have witnesses' signatures. If not, it'll just take more work and invite disputes when you pass away.
Answer by Nancy M
You can write your own will because that is what my dad did. He got the books on how it's done and then he took it to an attorney for the attorneys signature.
Answer by hexeliebe
WHile you can write your own will what do you do when you have another child or if the heir stipulated in your will dies before he does?
Just two situations that are covered in a will.
Also, while some states allow a holographic will, does yours? Do you know the conditions under which a self-proving or holographic will are legal?
get the point?
ADDITIONAL INFO BASED ON IOWA STATUTES:
Holographic and Nuncupative Wills (Oral) are not allowed in the state of Iowa. The entire Probate code can be found here:
http://www.legis.state.ia.us/IACODE/2003SUPPLEMENT/633/
• Disposal of property by will. Subject to the rights of the surviving spouse to elect to take against the will as provided by section 633.236, any person of full age and sound mind may dispose by will of all the person's property, except sufficient to pay the debts and charges against the person's estate.
Iowa Code, §633.264
• Signed and witnessed.
1. Formal execution. All wills and codicils, except as provided in section 633.283, to be valid, must be in writing, signed by the testator, or by some person in the testator's presence and by the testator's express direction writing the testator's name thereto, and declared by the testator to be the testator's will, and witnessed, at the testator's request, by two competent persons who signed as witnesses in the presence of the testator and in the presence of each other; provided, however, that the validity of the execution of any will or instrument which was executed prior to January 1, 1964, shall be determined by the law in effect immediately prior to said date.
2. Self-proved will. An attested will may be made self-proved at the time of its execution, or at any subsequent date, by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before a person authorized to administer oaths and take acknowledgments under the laws of this state, and evidenced by such person's certificate, under seal, attached or annexed to the will, in form and content substantially as follows:
Affidavit
State of . . . . . . )
County of . . . . . . )
We, the undersigned, . . . . . . , . . . . . . and . . .. . . , the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, declare to the undersigned authority that said instrument is the testator's will and that the testator willingly signed and executed such instrument, or expressly directed another to sign the same in the presence of the witnesses, as a free and voluntary act for the purposes therein expressed; that said witnesses, and each of them, declare to the undersigned authority that such will was executed and acknowledged by the testator as the testator's will in their presence and that they, in the testator's presence, at the testator's request, and in the presence of each other, did subscribe their names thereto as attesting witnesses on the date of the date of such will; and that the testator, at the time of the execution of such instrument, was of full age and of sound mind and that the witnesses were sixteen years of age or older and otherwise competent to be witnesses.
_____________________
Testator
_____________________
Witness
_____________________
Witness
Subscribed, sworn and acknowledged before me by . . . . . . , the testator; and subscribed and sworn before me by . . . . . and . . . . . , witnesses, this . . . . day of . . . . . . (month), . . . (year)
_____________________
Notary Public, or other officer authorized to take and certify acknowledgments and administer oaths.
(Seal)
A self-proved will shall constitute proof of due execution of such instrument as required by section 633.293 and may be admitted to probate without testimony of witnesses.
Iowa Code, §633.279
• Competency of witnesses. Any person who is sixteen years of age, or older, and who is competent to be a witness generally in this state, may act as an attesting witness to a will.
Iowa Code, §633.280
• Interest of witnesses. No will is invalidated because attested by an interested witness; but any interested witness shall, unless the will is also attested by two competent and disinterested witnesses, forfeit so much of the provisions therein made for the interested witness as in the aggregate exceeds in value, as of the date of the decedent's death, that which the interested witness would have received had the testator died intestate. No attesting witness is interested unless the witness is devised or bequeathed some portion of the testator's estate.
Iowa Code, §633.281
• Defect cured by codicil. If a codicil to a defectively executed will is duly executed, and such will is clearly identified in said codicil, the will and the codicil shall be considered as one instrument and the execution of both shall be deemed sufficient witness.
Iowa Code, §633.282
• Will executed in foreign state or country. A will executed outside this state, in the mode prescribed by the law, either of the place where executed or of the testator's domicile, shall be deemed to be legally executed, and shall be of the same force and effect as if executed in the mode prescribed by the laws of this state, provided said will is in writing and subscribed by the testator.
Iowa Code, §633.283
Answer by Marie K
You can write them on your own but the best advice is to ask a local attorney for help or to proofread. Most will NOT charge for a first visit.
http://www.san-francisco-oakland-bay-area-lawyers-attorneys-directory.com
http://www.sacramento-ca-lawyers-attorneys-directory.com/sacramento-legal-services.htm
http://www.la-orange-county-lawyers-attorney-directory.com/los_angeles_orange-county-legal-services.htm
http://www.las-vegas-nevada-lawyer-attorney-legal-injury-defense-directory.com/las-vegas-lawyers-attorneys-legal-defense-services.htm
http://www.san-jose-ca-lawyers-attorneys-directory.com/san_jose-legal-services.htm
http://www.sacramento-ca-lawyers-attorneys-directory.com/sacramento-legal-services.htm
http://www.dallas-fort-worth-texas-lawyers-attorneys-directory.com/dallas-legal-services.htm
http://www.new-jersey-lawyers-directory.com
http://www.legal-advice-library.info
http://www.san-antonio-texas-lawyers-attorneys-directory.com/san_antonio-legal-services.htm
http://www.brokerforyou.com/san-diego-real-estate-sales.html
http://www.new-jersey-lawyers-directory.com/new-jersey-bankruptcy-law.htm
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